Legal custody refers to the authority to make significant decisions about a child's life, including education, healthcare, and religious upbringing. This critical aspect of parenting can be shared jointly or granted solely to one parent, depending on the best interests of the child. Understanding the nuances of legal custody is essential for ensuring your child's well-being. Our dedicated attorneys are here to help you navigate these complex decisions, advocating for arrangements that prioritize your child's future and stability. Let us guide you through this important process with expertise and compassion.
Physical Custody refers to the day to day actual physical location of where the child is and who is caring for the child.
Both of these types of custody could be awarded to one parent solely, both parents jointly, or to neither parent (i.e. a third-party). There are many gradations in between and the Court could grant shared physical custody but favor one parent over the other in terms of time with the child given to each parent. Cases involving custody to someone other than a parent (i.e. a third-party) can be very difficult and there is a presumption that a child’s welfare is best served in the custody of a parent rather than the custody of a third-party. However, if a third-party is seeking custody, that party must prove to the Court that both parents are unfit, or that extraordinary circumstances exist which would render parental custody detrimental to a child.
